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ELRCAllowedNot stated in the judgment· [2025] KEELRC 1622 (KLR)

Oloo v CEC Finance Kisumu County & 3 others (Judicial Review Application E007 of 2025) [2025] KEELRC 1622 (KLR)

Employment and Labour Relations Court
4 June 2025
NMNzioki wa Makau
1,172 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~5 min to read original · ~4 min brief

The bottom line

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The Employment Court ordered Kisumu County to pay Kshs 497,749 in legal costs within 21 days, ruling that budget excuses don't justify unpaid court-ordered debts.

What this practically means

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Executive summary

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By Chamber Summons dated 18th February 2025, the Applicant sought leave to apply for an order of mandamus compelling the Respondents to pay Kshs. 497,749/- being taxed costs arising from Kisumu ELRC PET No. E039 of 2022, compromised by a consent dated 3rd November 2022 condemning the 2nd Respondent to pay costs. The Applicant contended that despite demand and service of a certificate of order against the government, the Respondents failed to settle the taxed costs, and that he had complied with Order 29 of the Civil Procedure Rules and section 21 of the Government Proceedings Act. In opposition, the Chief Finance Officer of the County Government of Kisumu deponed that the delay arose because the amount was not factored into the budget for the financial year ending 30th June 2024, but that it had since been incorporated into the current budget, with funds expected by May 2025 subject to budgetary approvals. The Respondents urged the court to allow the budgetary process to take its course, relying on Republic v Baringo County Government Ex-Parte KTK Advocates on the discretionary nature of mandamus. The court found that although the Respondents asserted willingness to pay, nothing on record demonstrated this; since the consent there had been no provision for payment of the debt, amounting to a clear and deliberate refusal to pay. The court issued an order of mandamus directed at the 2nd and 4th Respondents jointly and severally to pay Kshs. 497,749/- plus Kshs. 20,000/- costs of the motion within 21 days, failing which the Applicant may execute by attaching the Respondents' assets.

Key legal issues

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01

Whether mandamus lies to compel a county government to pay taxed costs

Holding

Yes - the unexplained failure to pay a debt due under an unvitiated consent, despite demand, amounts to deliberate refusal to pay and mandamus must lie.

Reasoning

The court applied the established conditions for mandamus, including a public legal duty, a clear right, satisfaction of conditions precedent, demand and refusal. The consent of 3rd November 2022 condemned the 2nd Respondent to pay costs and had not been set aside. The Respondents' assertion of willingness to pay was unsupported by anything on record; no budgetary provision was made since the consent, which the court treated as deliberate refusal rather than mere budgetary constraint.

p. 3
02

Whether the budgetary process excuses non-payment

Holding

No - the claim that the costs were not budgeted for did not constitute a legal justification for withholding payment of a court-ordered debt.

Reasoning

The Respondents' Chief Finance Officer deponed that the debt was omitted from the budget for the year ending 30th June 2024 but had been incorporated into the current year's budget, with funds expected by May 2025 subject to approvals. The court found nothing demonstrating willingness to pay and held that the Respondents had declined to pay since the consent, so the budgetary explanation did not defeat the application.

p. 3

Legal principles established

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  • Where a consent condemning a public body to pay costs has not been vitiated and there has been no provision for payment of the debt since, that constitutes a clear and demonstrable deliberate refusal to pay justifying mandamus.

Court orders

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  1. 1.Leave granted and an order of mandamus issued directed at the 2nd and 4th Respondents jointly and severally to pay the sum of Kshs. 497,749/- being costs due to the Applicant
  2. 2.The 2nd and 4th Respondents jointly and severally to pay Kshs. 20,000/- being costs of the motion
  3. 3.Payment to be made within 21 days of the decision, failing which the Applicant is at liberty to execute by attaching the assets of any of the said Respondents sufficient to meet Kshs. 517,749/- and incidental execution costs
Jurisdiction invoked
Judicial review jurisdiction to grant leave to apply for an order of mandamus (statutory judicial review procedure; Order 29 of the Civil Procedure Rules and section 21 of the Government Proceedings Act invoked by the Applicant)

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Oloo v CEC Finance Kisumu County & 3 others (Judicial Review Application E007 of 2025) [2025] KEELRC 1622 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1622/eng@2025-06-04

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.